TALLAHASSEE – Undocumented immigrants would be barred from admission to state colleges under a proposed rule by the Florida Department of Education.
The rule would also give schools the discretion to consider students’ past misconduct in making admission decisions.
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Under the proposal each board of trustees in the Florida College System would be required, to “ensure that all students admitted to the Florida College System institution are citizens of the United States or lawfully present in the United States.”
Students would have to “provide clear and convincing documentation that he or she is a citizen of the United States or lawfully present in the United States,” before admission.
The documentation must also be “must be credible, precise, and compelling.”
A hearing on the proposed rule is set for May 14 at Miami Dade College.
The rule would only apply to Florida’s 28 state colleges, not to its 12 state universities.
An email seeking comment from the department was not immediately returned Thursday.
Another part of the rule allows state colleges to “deny admission or enrollment to an applicant because of misconduct if determined to be in the best interest of the Florida College System institution.”
The move comes after some Republican lawmakers sought to limit the amount of non-American students at public higher education institutions, even if they are in the country legally.
A sweeping House bill (HB 1279) sponsored by Rep. Jennifer Kincart-Johnson, R-Lakeland, initially had a provision putting a 5 percent cap on undergraduate admissions for non-Florida residents when it passed the House. But the Senate removed from the final version sent to Gov. Ron DeSantis’ desk.
Another bill (SB 1052) sponsored by Sen. Erin Grall, R-Vero Beach, prohibited all higher education institutions from admitting any non-citizen who wasn’t legally present in the country. That bill, however, was never heard in committee this year.
And a bill (HB 721) by Rep. Berny Jacques, R-Seminole, would have required schools to limit the number of enrolled students who are citizens of foreign countries and who are not permanent U.S. residents to a specified percentage of the enrolled student population.
That bill received one hearing and never made it to the House floor.
Florida has already passed legislation that repealed in-state tuition rates for approximately 6,500 immigrant students who were brought to the country illegally when they were children by their parents.
Also, legislation DeSantis signed into law last month allowing the state to designate groups as “domestic terrorists,” has another provision calling for the expulsion of students at state universities who “promote” support for such groups.
If a student’s actions can be “reasonably interpreted” as an actual threat of violence; disrupt the learning environment; infringe upon the rights of others; or offer “material support for or the recruitment of members for such an organization,” they can be expelled under the new law.required